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HomeMy WebLinkAboutApril 23, 2001 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING APRIL 23, 2001 The regular meeting of the City Council was called to order at 7:00 p.m. on Monday, April 23, 2001 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. CALL TO ORDER/ROLL CALL Present: Councilmembers Williams, Szurek, Wyckoff, Nawrocki, and Mayor Peterson PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson asked that anyone wishing to address Council, raise their hand and the Chair would acknowledge the speaker by asking them to come to the podium, introduce themselves and give their address for the record. Nawrocki suggested that as the consent agenda might take additional time, he suggested the Presentation portion of the meeting be addressed first. As there were no objections from Council, the Mayor moved on to the Proclamations, Presentations, Recognitions, and Guests portion of the agenda. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS Proclamations 1) 2001 Arbor Day and Arbor Month Proclamation Lauren McClanahan was present to explain the Arbor Day activities Mayor Peterson read the Arbor Day/Month Proclamation for 2001 and presented it to Lauren McClanahan, Public Works Superintendent. McClanahan, who also serves as City Forester, stated that Columbia Heights has been a “Tree City USA” since 1992. Requirements to be a Tree City USA includes having a designated Tree Board, having an adopted tree ordinance, spending two cents per capita on reforestation, and having an Arbor Day celebration. McClanahan stated the Arbor Day Celebration would be Friday, April 26, at 1:30 p.m. at Lomianki Park – with representatives of the Sister City Group. McClanahan showed Council members the Tree City USA flag that will be displayed at Public Works building. 2) 2001 Mayor’s Prayer Breakfast Proclamation Mayor Peterson read the Proclamation, which proclaimed Tuesday, May 15, 2001 as the date of the Columbia Heights Mayor’s Prayer Breakfast. 3) 2001 Loyalty Day Proclamation Mayor Peterson read the Loyalty Day Proclamation calling for everyone to reaffirm love of flag and country on May 1, 2001. Nawrocki, as Commander, accepted the Proclamation on behalf of VFW Post #230 and the Ladies Auxiliary. He reminded everyone of the freedoms we enjoy in this country, and encouraged residents to keep the message going. City Council Minutes April 23, 2001 Page 2 of 13 Presentations 1) Values First Community Recognition Award Mayor Peterson introduced Barb Warren, the Values First Coordinator. Barb Warren described the new award program sponsored by the Values First Initiative to individuals and businesses that exemplify the Seven Core Values. She stated Values First starts with children and succeeds to families and businesses. Warren read the first award and presented it to Bill Karol, President of the Columbia Heights Lions Club and stated a few of their contributions to the community. Warren also presented a second award to Tom Beck, President of Northeast State Bank, and Larry Pietrzalc, Vice-President of Northeast State Bank, for setting corporate values, and allowing staff to contribute their time to our community. Peterson thanked the Lions Club and Northeast State Bank for their contribution of “Values” to our community. Introduction of New Employees 1) John Nordlund – Park Maintenance Lauren McClanahan, Public Works Superintendent, introduced John Nordlund, who will be working with Park Maintenance crews. Nordlund comes to the City with a strong background in landscape and design. Nordlund thanked the Council. 2) Lee Johnston – Library Clerk Becky Loader, Library Director, introduced Lee Johnston as the new Library Clerk. Johnston worked 25 years for a law firm and wanted something different. Johnston thanked the Council for this opportunity. Nawrocki gave Loader information received from Senator Bill Luther’s office, following his request of programs or funds available for library renovations. 3) Larry Scott – Liquor Operations Manager Bill Elrite, Finance Director, introduced Larry Scott, the new Liquor Operations Manager. He described Scott’s extensive background in liquor operations. Scott stated he has worked 26 years in liquor operations at one of largest liquor retailers in the metro area. Councilmembers questioned Scott’s goals for profit increases. Scott indicated he is presently learning how this operation runs, and will strive for profitability by increase sales, not increased prices. 4) Miscellaneous Peterson referred to the Sister City meeting he attended last Tuesday, where Brother Milton presented him with a crest of our Sister City, Lomianki, Poland. He asked that the crest be displayed in the Sister City display case in City Hall, along with the Easter card he received from their Mayor. Peterson called up Wally Logacz, Marie Przynski, and Bernie Szymczak, Sister City Committee members; and Bobby Williams of Jeff’s Bobby and Steve’s Auto World. Auto World held a 30 day promotion for our Sister City and the Committee, whereby they raised and donated $7,269.00 toward a vehicle for transporting Lomianki children to hospitals. Williams spoke of how important this Sister City relationship is and how important it is to help children in need. Mr. Logacz thanked Mr. Williams for approaching the Committee and raising the funds and the awareness that Columbia Heights has a Sister City in Lomianki, Poland. Mr. Logacz also thanked the Council for their continued support. City Council Minutes April 23, 2001 Page 3 of 13 Recognition -none CONSENT AGENDA Peterson removed item number 19 for additional discussion. Nawrocki requested items number 2 (the first motion), number 5, number 8 and number 15 be removed from the consent agenda for additional discussion. MOTION by Szurek, second by Nawrocki, to approve the Consent Agenda items as follows: 1) Minutes for Approval Motion to approve the minutes of the April 9, 2001, regular City Council meeting as presented. 2) (Establish Work Session Meeting Dates for Monday, May 7, 2001 and Monday, May 21, 2001 – Removed ); and a joint meeting of the School District and Councils of Fridley, Hilltop, and Columbia Heights on Thursday, May 17, 2001; and to reschedule the May 28 City Council meeting to Tuesday, May 29, 2001. Fehst stated the scheduled meeting date of May 28 is Memorial Day, and recommended rescheduling it. Motion to establish a joint meeting date with the District 13 School Board, and Councils of Fridley, Hilltop and Columbia Heights to be held on Thursday, May 17, 2001 at 5:30 p.m. at the Columbia Heights High School Family Center. Motion to reschedule the May 28 regular City Council meeting to Tuesday, May 29, 2001 at 7:00 p.m. in the City Hall Council Chambers. 3) Authorize Application for Federal FIRE Act Grant Funding Motion to authorize Fire Department staff to prepare a grant proposal for personal protective equipment for 34 firefighting personnel in the amount of approximately $23,000.00. 4) Authorize Firework display and to seek bids for 2001 Jamboree Fireworks Motion to authorize fireworks on Saturday, June 23, 2001 in conjunction with the Jamboree activities and to seek bids for a $6,000 fireworks display with $3,000 appropriated from fund 101- 45050-4378 (Removed for discussion) 5) Authorize to seek bids on refinishing of wood floor in Murzyn Hall 6) Authorize to seek bids for purchase of scoreboard to be installed on Huset Park Ball Field #5. Motion to authorize recreation staff to seek bids for the purchase of a new scoreboard to be installed on Huset Park Ball Field #5 to be purchased from account 881-45001-5180. Nawrocki stated that the total cost would be paid by contributions from the Booster Club. 7) Authorize changing Support Company for Document Imaging System Motion to authorize the Mayor and City Manager to purchase annual LaserFiche maintenance agreements through Enterprise Network Systems at a current cost of $3,825 plus sales tax, and to continue purchasing annual maintenance agreements through ENS as long as ENS service is acceptable. Fehst indicated staff feels we will get receive better service from this company. 8) Authorize Wireless Network Connection Between City Hall, Parkview Villa and Top Valu Liquor (Removed for discussion) City Council Minutes April 23, 2001 Page 4 of 13 9) Authorize Insurance Coverage from 05/09/2001 to 05/09/2002 Motion to authorize the Mayor and City Manager to enter into an agreement with A. J. Gallagher & Co. to be recognized as our Agent of Record for the City’s insurance package. 10) Telephone System Upgrade for Caller ID Motion to direct staff to further research the issue of adding Caller ID to the City’s telephone system and to present an evaluation of the pros and cons to the City Council as part of the 2002 budget preparations. Fehst indicated this motion is at the direction of Council to further research the Caller ID option and possibly lowering the cost. 11) Authorize School Based Partnership Grant Evaluation Contract Motion to approve the attached contract between the City of Columbia Heights and Professor Richard Lawrence for the review and validation of the data collected in our Federal School Based Partnership Grant and to authorize the Mayor and City Manager to enter into a contract for the same. Fehst stated this contract would allow the review and validation of initial information gathered through the School Based Partnership Grant. 12) Authorize purchase of Speed Trailer from Federal Equipment Block Grant Motion to authorize the purchase of a Kustom Signal Smart Model 1 Speed Trailer in the amount of $13,840 plus tax, with funding to come from the 2001 Federal Equipment Block Grant 276-42113, and that the Mayor and City Manager be authorized to enter into a contract for same. Fehst stated that we share the current speed trailer with two other communities. 13) Authorize Transfer of Funds from General Fund to Police Department 2001Budget Overtime Line #1020 Motion to transfer $2,873.36, the total amount of money received from the State of Minnesota via Anoka County for our efforts in transporting inebriated individuals to detox from the General Fund to the Police Department 2001 Budget line #1020 overtime. This would be done to assist in covering the costs of overtime to staff this function. 14) Authorize Transfer of Funds from General Fund to Police Department Budget to Re-pay Overtime Fund Motion to transfer $1,873.32, the total amount received from Unique Thrift Store, for off duty security worked, from the General Fund to the Police Department 2001 Budget under line #1020 Removedfor 15) Authorize replacement of Unit #223,Toro Grounds Master 580-D Lawnmower ( discussion ) 16) Authorize the replacement of Unit #200: Ford RF350 4x4 One Ton Dump Truck, and Unit #200A: a 8’x6’ Western Snow Plow Motion to authorize the replacement of Unit #200 with one (1) new Ford Super Duty 450 4x4 chassis under the State of Minnesota Purchasing Contract from Airlake Ford-Mercury, Lakeville, MN in the amount of $29,821, plus sales tax. Funding shall be divided equally from the Sewer and Water Capital Equipment Replacement Funds. City Council Minutes April 23, 2001 Page 5 of 13 Motion to authorize the purchase of the dump box and snow plow package from Truck Utilities MFG., Co., 2370 English Street, St. Paul, MN, in the amount of $16,310, plus sales tax. Funding shall be divided equally from the Sewer and Water Capital Equipment Replacement Funds. 17) Adopt Resolution No. 2001-36, being a resolution accepting bids and awarding the 2001 Miscellaneous Concrete Repairs Motion to waive the reading of Resolution No.2001-36, there being ample copies available to the public. Motion to approve and adopt Resolution No. 2001-36, being a Resolution accepting bids and awarding the 2001 Miscellaneous Concrete Repairs and Installations, Municipal Project #2001-00 to Ron Kassa Construction, Inc., of Elko, Minnesota, based upon their low, qualified, responsible total bid in the amount of $43,388.30 with funds to be appropriated from Fund 401-50100-4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Fehst stated this is a yearly contract for small projects done in the city each year. RESOLUTION NO. 2001-36 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE 2001 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS, CITY PROJECT No. 2001-00 TO RON KASSA CONSTRUCTION, INC. OF ELKO, MINNESOTA WHEREAS, pursuant to an advertisement for bids forCity Project No. 2001-00, Miscellaneous Concrete Repairs and Installations, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Base Bid Addendum 1 Total Bid Ron Kassa Construction Inc. $36,572.70 $6,815.60 $43,388.30 Standard Sidewalk, Inc $37,868.50 $7,810.00 $45,678.50 Ti-Zack Concrete Inc. $38,536.00 $10,728.00 $49,264.00 Creative Curb, LLC $43,596.95 $8,421.00 $52,017.95 Thomas & Sons Construction, Inc. $45,510.05 $9,001.00 $54,511.05 th WHEREAS, it appears that Ron Kassa Construction, Inc., 6005 250 Avenue East, Elko, Minnesota 55020 is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Ron Kassa Construction Inc. in the name of the City of Columbia Heights, for the 2001 Miscellaneous Concrete Repairs and Installations, City Project No. 2001-00, according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 3. City Project #2001-00 shall be funded with State Aid Maintenance Fund, General Fund, Park Fund, Street Fund, Sewer and Water Fund and PIR funds. City Council Minutes April 23, 2001 Page 6 of 13 Dated this 23rd day of April 2001. Offered by: Szurek Seconded by: Nawrocki Roll Call: All ayes _________________________________ Mayor Gary L. Peterson _____________________________ Patricia Muscovitz, Deputy City Clerk 18) Authorize Award of 2001 Street and Parking Lane Striping project Motion to award the 2001 Street and Parking Lane Striping project to AAA Striping Service Co., of Rogers, Minnesota, based upon their low, qualified, responsible bid in the amount of $4,771.81, with $4,142.83 to be appropriated from Fund 212-43190-4000 and $628.98 to be appropriated from Fund 101-43170-4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. (Removed for discussion) 19) Approve Business License Applications 20) Approve Payment of Bills Motion to pay the bills, as listed, out of the proper fund. Wyckoff commented on the advantages of the speed trailer. Motion carried. Upon vote of the consent agenda items: All ayes. Item #2 Work Session meeting dates for May 7 and 21, 2001. Nawrocki stated he was not in favor of work sessions, and felt all discussions should be at Council meetings. He requested at least two additional work sessions be established to review the proposed Zoning and Development Ordinance. He suggested these meetings be in the Council Chambers, and that they be televised. Fehst stated the City newsletter indicates the second reading of this ordinance will be at the May 14, 2001 Council meeting. Szurek stated that staff and Planning and Zoning Commissioners have answered any questions she had, and she is confident that this revision cleans up language that was hard to understand. Szurek explained the attempts to involve the public in the revision process. Williams stated he wants to make sure residents questions are answered. He would like to see help for small lots in the ordinance and clarification of “a hardship”. Wyckoff felt that the Planning & Zoning Commission did a good job on the revision and that Council was given the minutes of their meetings and copies of the ordinance with sufficient time to have all questions answered. Residents were invited to meetings and there are copies of the ordinance available to the public. She felt it should be called a “building ordinance”. Wyckoff stated that changes were basically cosmetic and that she was comfortable that it would be the most workable ordinance we could have. Nawrocki stated that it was the Planning and Zoning Commission’s responsibility to make this recommendation, and now for the Council and the public to understand. He wanted to see openness in this process. Nawrocki stated that the Zoning Ordinance adopts the Zoning Map as part of the ordinance. Nawrocki strongly urged additional meetings to discuss the proposed ordinance. Peterson stated the purpose of the scheduled meeting on April 30 would be to have any final questions answered, and if there are no big issues remaining he will call for the second reading at the May 14 Council meeting. He again welcomed the public to come and voice any concerns. City Council Minutes April 23, 2001 Page 7 of 13 Fehst listed agenda items for the proposed May 7 work session: · Auditors/Annual Audit Report · Consideration of proposed Heritage Preservation Ordinance · Award bid for refinishing wood floor at Murzyn Hall. · Award bid for Scoreboard at Huset Park. · Awarding bid for Old Pirsch Fire truck · Review of supplemental storm water engineering reports; 40th & McKinley and 39xx Block of Van Buren · Review and recommendations of Sanitary Sewer Televising & Inspection in Zone 5. MOTION by Szurek, second by Wyckoff, to establish work session meeting dates for May 7 and 21, 2001 at 7:00 p.m. MOTION by Nawrocki to strike the May 21 meeting, on the basis there is not a set agenda for that meeting. Nawrocki stated that Parliamentary Procedure requires that an agenda be established. Hoeft indicated that under Minnesota State Statute, a special meeting must have an agenda posted three days prior to the meeting. Agenda items can be removed, but can not be added. Peterson stated that it was sufficient if work session agenda items for May 21 were listed at the May 14 Council meeting. Motion died for lack of a second Upon vote of the original motion: Williams, aye, Szurek, aye; Wyckoff, aye, Nawrocki, nay; Peterson, aye. Motion Carried. Four votes to one, Item #5 Seek bids on refinishing of wood floor in Murzyn Hall MOTION by Szurek, second by Williams, to authorize staff to seek bids for the refinishing of the wood floor in the main hall of Murzyn Hall with the funds to be appropriated from account 101-45129-4000. Nawrocki stated that he looked at the floor and could not justify $9,000 for this project, and felt it could be done at a later time. Szurek indicated that she also looked at the floor, and stated that a professional did inspect it, indicating that the floor required refinishing. Szurek favored preventive maintenance versus replacement of the entire floor in the near future. Peterson indicated this is a request for bids only, that $9,000 is the budgeted amount, not the bid amount. Peterson stated that in his professional opinion the floor requires preventive maintenance. He stated that Murzyn Hall was built in 1938 and is a cornerstone of the community, and therefore should be a high priority to maintain and keep looking nice at all times. Williams asked that a speaker from the company that bids be invited to explain the necessity of this project. th Karsten McCarthy, 4213 5 Street, questioned floor maintenance, the cost per foot and product warranty. Peterson stated this approval would be to solicit bids, on a square foot basis. Upon vote: Williams, aye, Szurek, aye; Wyckoff, aye, Nawrocki, nay; Peterson, aye. Four votes to one, Motion Carried. Item #8 Wireless Network Connection Between City Hall, Parkview Villa and Top Valu Liquor MOTION by Wyckoff, second by Szurek, to authorize the Mayor and City Manager to enter into an agreement with Marco for the installation of a wireless network connection between City Hall, Parkview Villa and Top Valu Liquor based on their proposal at a cost not to exceed $13,000. Bill Elrite, Finance Director, stated this project started three years ago with the need for computerization at the high-rise for management purposes. He described the current cumbersome system and Housing and City Council Minutes April 23, 2001 Page 8 of 13 Urban Development reporting requirements. Elrite stated that leased telephone lines were considered, but greater efficiency and ultimate cost savings would be realized through wireless network connections. Elrite stated that network connections would allow use of our e-mail system, and access to all programs at City Hall, such as financial information and Internet connection. Williams agreed with the staff recommendation. Nawrocki stated that there was merit to the proposal, but felt this was not of prime importance and should be cut to reduce spending. Elrite stated the majority of the cost would come from the high-rise budget, and the remainder from liquor operations and computer updates. Upon vote: Williams, aye, Szurek, aye; Wyckoff, aye, Nawrocki, nay; Peterson, aye. Four votes to one, Motion Carried. Item #15 - Replacement of Grounds Master Mower MOTION by Szurek, second by Williams, to authorize the purchase of one (1) new Toro Grounds Master 580-D Lawnmower, from the Minnesota State Purchasing Contract price of $69,606 less the trade-in of ($16,500) for a total purchase price of $53,106 plus sales tax, from MTI Distributing, Plymouth MN, with funding allocated from Parks Capital Equipment. Kevin Hansen, Public Works Director, described the benefits of this16 foot mower, stating the current mower is five years old and beginning to have engine and hydraulic problems. He stated replacing the engine would cost $10,000. This piece of equipment was budgeted for replacement in 2001. Nawrocki stated he inspected the mower and spoke with Steve Synowczynski, Shop Foreman. He felt this mower has a low amount of hours of use and that this expenditure could be delayed. Szurek also visited the Public Works shop and spoke to the mechanics. She explained the large volume of grass cut in a short amount of time with this mower, and the safety factor that debris exits from the back of the machine versus the sides. Staff indicated the new mower would have a larger motor, better suited to this equipment. Szurek was comfortable that this mower needs to be replaced to continue the maintenance of our parks. Williams stated that five years is the average life of equipment. He felt it is a major financial loss if equipment breaks down and employees are idle waiting for repairs. Wyckoff stated that if the purchase is delayed the price of a new unit will increase and the trade-in value will decrease. Nawrocki stated he initially intended to vote against replacement of the mower and the truck, but after talking to Synowczynski decided to vote in favor of replacing the truck. Upon vote: Williams, aye, Szurek, aye; Wyckoff, aye, Nawrocki, nay; Peterson, aye. Four votes to one, Motion Carried. Item # 19 Approve Business License Application Jim Hoeft, City Attorney, referred to Police Chief Johnson’s memo outlining the situation. Hoeft indicated Chief Johnson spoke to Immigration Services and that he spoke to the Kwon’s attorney regarding Mr. Kwon’s status in the United States. Hoeft stated that more and more licensing issues containing unique situations are being presented to the Council. In this case, the spouse of the applicant is wanted for deportation issues. Hoeft had indicated to Mr. Kwon that he should pursue remedies to this situation with the INS. Hoeft stated this could be a two year process. Hoeft indicated that denial of this license could end the purchase of this property. City Council Minutes April 23, 2001 Page 9 of 13 Hoeft indicated that responses to Chief Johnson from the INS were non-committal, with no straight answer as to how we could facilitate this process. Hoeft stated an option other than denying the application would be to grant the license for this year, with the understanding that upon the annual renewal process efforts to resolve the issue with INS would be scrutinized. This would allow the sale of the property to be finalized. Hoeft reminded Council that there is no problem with the applicant, Mrs. Kwon. Szurek asked for clarification, as Chief Johnson’s memo recommended denial of the application and Hoeft is now suggesting it would be an option to approve the strong beer and wine license. Hoeft stated that Chief Johnson wanted Council to know his concerns, but is not against helping a new business get started. Peterson asked that the representative of the Kwon’s come forward. Woodrow Woojin Byum, Attorney for the Kwon’s, introduced himself, listed his background and gave a handout to Council. Byum questioned why the City was more concerned with the spouse than the applicant. He stated that the applicant is a permanent resident of this country, has a green card, has been fingerprinted, and has applied for permanent naturalization, which should take approximately three months. Byum questioned if it was City policy to check the citizenship of all applicants, and if the status of “famous” people would be checked. Byum stated that Mr. Kwon is considered “out of status”, meaning people who stay in this country longer than they should. He referred to page six of the handout which described the “Life Act” signed by President Clinton before leaving office, which allowed the 11,000,000 persons who overstayed in this country to apply for a green card prior to April 30, 2001 without penalty. Byum listed some categories where persons are not allowed to stay because of crimes committed. He stated that Mr. Kwon does not fall into the category of immediate deportation of unreliable residents. Byum stated that Mr. Kwon has now applied for a green card, which should allow him to stay in this country until he receives a green card. He stated the couple is married and have five children, one that is theirs together. Byum stated that if Mr. Kwon were deported, the family would stay and the business would go on. Byum asked that the City be dedicated to its non-discrimination policy and approve the license to give this hardworking Korean couple a chance. He stated that this would also help the seller to move on. Nawrocki questioned if Mrs. Kwon’s holding a green card qualified her as a permanent resident, and the length of time a green card is valid. Byum stated that she is a permanent resident and the process for citizenship has begun. A green card is valid for 14 years the first time, and can be renewed every 10 years thereafter. Byum referred to page eleven which is the petition for a relative of a permanent resident which will eventually allow him to become a permanent resident, or a green card hold. Nawrocki asked if Mr. Kwon could work without a green card? Byum indicated he is not supposed to, but many of the 11,000,000 illegal or “out of status” immigrants are working. Nawrocki stated that one party is in violation of the law, which should not be dismissed lightly, and felt the suggestion of a license for one year was not a sensible alternative. He felt that all immigration issues should be cleared up before consideration of granting this license. Wyckoff questioned their marital background and stated that any reference to racism displeased her. Nawrocki stated that all applicants are asked the same questions and indicated that a marriage relationship carries rights for ownership of property. Byum stated that Mrs. Kwon should not be penalized for Mr. Kwon’s status. Peterson reminded everyone that the issue before Council was a strong beer and wine license. He stated there was no criminal history of the person making application. Peterson stated that the City treats everyone the same. City Council Minutes April 23, 2001 Page 10 of 13 MOTION by Nawrocki, to approve the license applications as listed, with the exception of the on sale Motion liquor license for 4952 Central Avenue. Motion seconded by Wyckoff. Upon vote; all ayes. Carried. MOTION by Nawrocki that the on sale strong beer and wine license request for 4952 Central Avenue be denied on the recommendation of the Police Department. Motion died for lack of a second. MOTION by Nawrocki, that the on sale strong beer and wine license request for 4952 Central Avenue be tabled for additional information. Seconded by Williams. Hoeft advised that if the motion were tabled, no additional discussion could be held. Upon roll call vote: Williams, nay; Szurek, nay; Wyckoff, nay; Nawrocki, aye; Peterson, nay. Four nays, Motion failed. one aye; MOTION by Wyckoff to approve the application for an on sale wine and beer license for Ok Cha Kwon at 4952 Central Avenue NE. Fehst stated that at the time of annual renewal the immigration status of the spouse would be revisited. Williams asked for Police Captain Roddy’s statement. Roddy indicated that Chief Johnson and City Attorney Hoeft mainly handled this issue. Hoeft indicated that in Chief Johnson’s last contact with the INS, he suggested they pick up Mr. Kwon, but they did not. Byum stated the INS is hesitant to move on people that are here and not violating any laws. Nawrocki stated that Mr. Kwon is violating a law being here illegally. Peterson invited members of the audience to speak. Grace Vitalinti stated that she works with the Korean Family Advocacy as a victim’s advocate. She stated that Mrs. Kwon has been here since 1986, where she met, married and had a child with Mr. Kwon. They presently have a cleaning business. She would not be able to continue the cleaning business herself if her husband were deported, so she put a down payment on this business. Mrs. Kwon would continue to run this business without her husband, if necessary. Vitalinti stated that Mrs. Kwon should receive citizenship in about three months and that within one year this situation will be settled. Vitalinti asked Council to give her a chance for a year. Szurek indicated that the present license for this business is only for beer, and this is an upgrade request for strong beer and wine. Byum stated the upgrade request is so authentic Korean beverages may be served. Edward Vitalinti stated that he has known Mrs. Kwon since 1986 and felt the husband’s case with the INS was irrelevant. He stated that she has proved her responsibility by maintaining a business. He stated they are from South Korea and that they would add to our economy, and asked Council to grant this request. Danny Peterson stated he has been married to his Korean wife for 34 years, and has known Mrs. Kwon for quite some time. He stated he understood the reason for background checks, but neither of the parties have a criminal record. Dee Logan, 1221 39th Ave NE, encouraged license approval for this new business owner on Central Avenue, versus another boarded up building. City Council Minutes April 23, 2001 Page 11 of 13 Ron Karon, the current owner, stated that the continuing problems obtaining this license were creating a hardship for him. The initial purchase agreement was signed in December of 2000. He requested the matter be settled immediately. Williams stated he was uncomfortable going against the Police Chief’s recommendation. Hoeft stated the Chief’s memo was presented so Council would be aware of the situation and discuss the issues. He did not want this presented and approved with the general license applications. Peterson reminded Council that if the license was violated, it could be withdrawn. Peterson read from the earlier proclamation allowing for the “pursuit of happiness”. th Mark Wagner, 5050 6 Street, questioned if problems happen, what recourse is there besides license revocation. He felt there should be the same rules for everyone. Hoeft indicated the added scrutiny with a liquor license request. He stated that the City does review citizenship on all applicants. Fehst stated that the process is set and uniform for all associations and businesses that apply, maintaining consistency. Peterson stated that even if the INS made Mr. Kwon leave the country, that would not be cause for removal of the license. Upon vote: Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, nay; Peterson, aye. Four aye, one nay; Motion carried . PUBLIC HEARINGS A) Close the Public Hearing for Revocation/Suspension of Rental Housing License at 4032 Van Buren Street NE Mayor Peterson closed the public hearing in that the property is now in compliance with the Residential Maintenance Code. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions B) Bid Considerations C) Other Business ADMINISTRATIVE REPORTS A) Report of the City Manager Fehst stated that Washburn/McReavy would be holding a Grand Opening on May 5 and 6, 2001 at their new facility on Central Avenue. There will be a public ceremony on May 5. B) Report of the City Attorney – nothing to report. GENERAL COUNCIL COMMUNICATIONS A) Minutes of Boards and Commissions 1) Meeting of the Planning and Zoning Commission held on April 3, 2001 2) Meeting of the Economic Development Authority held March 20, 2001 Peterson reminded everyone of the meeting on April 30, 2001 at 7:00 p.m. in the City Council Chambers to discuss the proposed Zoning and Development Ordinance. He encouraged residents with concerns to attend this meeting. Wyckoff referred to the Recyclopedia sent to residents by Anoka County. Wyckoff reminded residents that if they place an appliance at the curb for removal, they must call the hauler with this information. Wyckoff pointed out City Council Minutes April 23, 2001 Page 12 of 13 the legal notice in the Focus newspaper regarding the sale of 3913 Polk Street. Wyckoff indicated that the EDA has discussed selling this property to Habitat for Humanity, and she requested feedback from the public. Nawrocki indicated his dissatisfaction with discrepancies in the Recyclopedia mailing from Anoka County. Fehst stated that clean up of the demolished restaurant site would begin very soon. Nawrocki questioned the increased cost of heating, and now vehicle fuel, and what the impact would be on the budget. nd Hansen indicated the approaches to the footbridge at 42 and University have been removed. This is a Mn/DOT program from last year. The bridge will also be reconstructed, along with new fencing and steps. Williams asked Hansen if an agreement was reached with the City of Hilltop regarding Zone 5 street reconstruction. Hansen indicated this agreement was reached last Monday. Nawrocki indicated he attended the North Suburban Mayor’s meeting, and had transportation program information to share. CITIZENS FORUM Leonard Deering, 4311 Jefferson, questioned why Jefferson Street has not be cleaned yet. He stated that he cleaned out the storm sewer drain seven to eight times during the weekend rain storms. Hansen indicated that crews have been out sweeping. Environmentally sensitive areas are targeted first, such as Labelle Pond, and Sullivan Lake, then crews move to main areas. Hansen stated a large problem is debris from yards or trees that washes on to streets that have already been swept. Hansen stated that it is appreciated when residents assist by keeping storm water drains clear of debris. Deering also referred to alley water run off problems from heavy rains, and that he was told five years ago this would be repaired. Hansen stated this area is in Zone 6 and will be addressed next year. Williams invited the proposed manager of a new restaurant being planned at the old 500 Club to speak. Nick Bonjovonie stated he is affiliated with Mr. Ken Hurtz, and they plan to open an up-scale Italian restaurant featuring plays and other live interactive entertainment. He indicated the building would be remodeled and expanded with an atrium. Future plans include acquiring property for additional parking. This restaurant was previously located in the Lumber Exchange building. th Christine Turner, 4205 7 Street, stated she was present to request a change to the six-hour parking ordinance. She credited Police Captain Bill Roddy for trying to help her understand the ordinance. She explained that while having work done on her garage, she had a dumpster in her driveway and parked her vehicle on the street. Turner parked in the street knowing the 12-hour winter parking restriction was lifted, but received a parking ticket. She was not aware of the six-hour ordinance and that it was enforced when a complaint was received. Turner questioned lifting the overnight parking ban if there is still a six-hour parking limit. She suggested modifying the limit to 12 hours for consistency. Roddy indicated that the week prior to this incident a flyer was placed on vehicles parked in the street as a reminder that the six-hour parking ordinance would be enforced; unfortunately, residents not parked on the street were not made aware of the restriction. Roddy stated that Ms. Turner was very cordial in explaining the situation and he agreed to dismiss this ticket, because of the dumpster in her yard. Roddy stated the Police Department and the Public Works Department plan to meet and assess our street parking issues and snow removal issues on streets and sidewalks. A plan and ordinance proposal may be presented to Council prior to the next snow season. Fehst stated the current ordinance is not uncommon. Other options are 12 hour parking limits or no parking on streets. City Council Minutes April 23, 2001 Page 13 of 13 th Harold Hoium, 4315 5 Street, thanked Councilmember Nawrocki for the American flag donated to the City Hall conference room, and thanked staff for promptly displaying it. Hoium thanked members of the Lions Club for the breakfast served on Sunday. Dee Logan asked Wyckoff to remind residents who place appliances on the curb for disposal to remove the doors for safety. She also asked that Council members speak into their microphones so they can be heard more easily. ADJOURNMENT Mayor Peterson adjourned the meeting at 10:10 p.m. _______________________________ Patricia Muscovitz, Deputy City Clerk